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Agenda Item 8AAGENDA ITEM # 8A SEPTEMBER 24, 2012 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Donation of Property adjacent to Ri r Branch Preserve SUBMITTED BY: Jim Hanson DATE: September 14, 2012 BACKGROUND: The River Branch Foundation wishes to donate an 11.84 acre tract of property adjacent to the City's River Branch Preserve, to the City of Atlantic Beach. This property will include a conservation easement to the Public Trust Environmental Law Institute which sets out restrictions on the present and future use of the property. The parcel also has a conservation easement over 2.23 acres of the property which was granted to the SJRWMD in 2005 and later amended. The River Branch Foundation wants the property to remain in its present wilderness state, with possible minor improvements for public access. To ensure that the property will remain in its current condition, they plan to grant a conservation easement to the Public Trust Environmental Law Institute after they close on the property in October and prior to the donation to the City. This conservation easement is very similar to the one that exists for the adjacent River Branch Preserve property currently owned by the City of Atlantic Beach. The easement on the current Preserve was granted to the North Florida Land Trust. The River Branch Preserve was acquired in 2009 with a majority of the funding coming from the River Branch Foundation. Atlantic Beach paid $185,000 and the Public Trust Law Environmental Institute put in approximately $30,000. The acquisition of the River Branch property provided a critical link between the Dutton Island and Tideview Preserves and is a central part of the recently approved Marsh Master Plan. The addition of this new property would enhance and expand the River Branch Preserve. Any development on this 11.84 acre tract would have severely detracted from the pristine natural environment that makes the Preserves such a valuable asset to the citizens of Atlantic Beach. BUDGET: There is no development proposed for this 11.84 acre parcel although walking trails or other non - invasive public access aids may be added in future. Because the purpose of this donation is for the property to remain in its wilderness condition, the City anticipates very little cost for maintenance and ownership. Consequently, no budget is needed at this time. RECOMMENDATION: Authorize the Mayor to accept the donation of the 11.84 acre tract from the River Branch Foundation of Jacksonville Beach, Florida on behalf of the City of Atlantic Beach. ATTACHMENTS: 1) Press Announcement from the River Branch Foundation 2) Conservation easement to the Public Trust Environmental Law Institute 3) Conservation easement and amendment to the SJRWMD 4) Drawing of property RIVER BRA C AGENDA ITEM # 8A F SEPTEMBER 24, 2012 Jacksonville Beach, FL, September 22, 2012 The River Branch Foundation of Jacksonville Beach, Florida is pleased to announce its offer to the City of Atlantic Beach of an IL 84-acre tract at the entry of Dutton Island Preserve as a conservation land donation in continuation of its mission of assisting in wilderness preservation in northeast Florida. The Public Trust Environmental Law Institute will assist the purchase by holding the conservation easement on the property, which will be deeded to the City of Atlantic Beach. In 2009, River Branch partnered with Public Trust Environmental Law Institute, the City of Atlantic Beach, and the North Florida Land Trust in the purchase for conservation of the Buckman - Pritchard 350 -acre tract on the Intracoastal Waterway, now known as the River Branc Preserve For more than 40 years, the River Branch Foundation has been actively working to improve the quality of life in the northeast Florida area. "We are very pleased to again be a part of helping to preserve part of our beautiful natural local landscape for future generations," said Jennifer Johnson Duke, River Branch Foundation Director. For information contact: ileroux@riverbranchfoundation.org 177 FOUrth Avenue North, Jacksonville Beach. Flo6d a 32250 AGENDA ITEM # 8A SEPTEMBER 24, 20I2 RECORD AND RETURN TO: The Public Trust Environmental Legal Institute of Florida, Inc. Attn: Andrew Miller 2029 North Third Street Jacksonville Beach, FL 32250 CONSERVATION EASEMENT THIS INDENTURE (this "Conservation Easement ") is made this _ day of , 2012, between CHALLEN CAPITAL, INC., a Florida corporation (the "Grantor "), whose address is 1819 Challen Avenue, Jacksonville, Florida 32205, and The Public Trust Environmental Legal Institute of Florida, Inc., a Florida nonprofit corporation with address 2029 North Third Street, Jacksonville Beach, FL 32250, its successors and assigns (the "Holder "). WHEREAS, the Grantor is the owner in fee simple of certain real property located in Duval County, Florida which provides significant natural habitat for a variety of wildlife, fish, and plants; and has natural, aesthetic, scientific, educational, and ecological value in its present natural state; and which property is described in Exhibit A attached hereto and by this reference incorporated herein (the "Protected Property"); and WHEREAS, the Holder hereby represents that it is a "qualified organization" as defined by Section 170(h)(3) of the Internal Revenue Code of 1986, as amended and the regulations thereunder (the "Code "); and WHEREAS, the Holder hereby represents that it is a charitable corporation whose purposes include protecting natural, scenic or open space values of real property, assuring its availability for open space use, protecting natural resources, maintaining or enhancing water quality and is qualified to acquire conservation easements under Section 704.06, Florida Statutes; and WHEREAS, the Holder is a tax exempt public charity under Section 501(c)(3) of the Code, and the Holder's primary purpose is to preserve natural areas and special places in North Florida; and WHEREAS, the Protected Property qualifies as "a relatively natural habitat of fish, wildlife, or plants, or similar ecosystems," as that phrase is used in Section 170(h)(4)(a)(ii) of the Code, for many of the following attributes: The Protected Property contains ` acres of (e.g. wetlands) which is along the St. Johns River and has ecological importance, provides natural habitat for flora and fauna, and is a portion of a long, relatively undeveloped riparian corridor along the St. Johns River that provides important benefits for wildlife. 1 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 WHEREAS, the Protected Property qualifies as "natural habitat" as that phrase is used in Section 170(h)(4)(a)(ii) of the Code the preservation of which natural habitat is for (i) the scenic enjoyment of the general public, (ii) is pursuant to clearly delineated Federal, state, and local governmental policies and (iii) will yield significant public benefit; and WHEREAS, the Protected Property is located in an area of increasing development and the development of the Protected Property in excess of that allowed in this Conservation Easement would significantly impair the habitat it contains and the ability of such habitat to support the species and ecological communities present there; and WHEREAS, this Conservation Easement would prevent forestry practices harmful to the ecology, habitats, and wildlife of the Protected Property; and WHEREAS, the Protected Property possesses significant wildlife, fish, and plant natural habitat, and significant scenic values, all as described above (collectively, the "Conservation Values "), which Conservation Values are of great importance to the Grantor and Holder; and WHEREAS, the Conservation Values are further documented in the Baseline Documentation Report for the Protected Property, dated 2012, and incorporated herein by this reference (the "Report"), completed by and provided to the Grantor and signed by the Grantor and the Holder, a copy of which Report is on file with both the Grantor and the Holder, and which Report establishes the condition of the Protected Property at the time of the gift as provided in Treasury Regulation Section 1.170A- 14(g)(5); and WHEREAS, the Grantor desires to ensure that the conservation easement granted herein complies with the provisions of Section 2031(c) of the Code, relating to the Federal Estate Tax treatment of lands subject to a qualified conservation easement, and intends that the lands which are the subject of this Conservation Easement will so qualify for such treatment; and WHEREAS, the parties intend hereby to comply with Section 704.06 of the Florida Statutes which permits the creation of conservation easements for the purposes of, inter alia, retaining land or water areas predominantly in their natural, scenic, open or wooded condition or as suitable habitat for fish, plants, or wildlife; and WHEREAS, the Grantor and the Holder have the common purpose of protecting the Conservation Values by placing voluntary restrictions upon the use of the Protected Property and by providing for the transfer from the Grantor to the Holder of affirmative rights for the protection of the Protected Property. NOW, THEREFORE, the Grantor, as an absolute gift, with no monetary consideration, and in consideration, which is hereby acknowledged, of the covenants, mutual agreements, conditions, and promises herein contained, does hereby freely give, grant, bargain, sell, and convey unto the Holder, its successors and assigns, forever, a conservation easement as defined in Section 704.06 of the Florida Statutes (without intending that the existence of this Conservation Easement be dependent on the continuing existence of such laws), in perpetuity, over the Protected Property, of the nature and character and to the extent hereinafter set forth. 2 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 A. PURPOSE The purpose of this Conservation Easement is to forever conserve the Protected Property for the following conservation purposes (collectively, the "Purpose "): To protect in perpetuity the significant natural habitat, the scenic values, and open space of the Protected Property for public benefit by retaining it forever in its predominantly natural and scenic condition; and To protect the native plants, animals, and plant and animal communities on the Protected Property including the rare and uncommon species present and their habitat; and To conserve the water quality, wetlands, and riparian values of the Protected Property; and The Grantor and Holder intend that this Conservation Easement will confine the use of the Protected Property to activities that are consistent with the Purpose of this Conservation Easement, including but not limited to passive public recreation, and will prohibit or prevent any use of the Protected Property in excess of that allowed by this Conservation Easement that would significantly impair or interfere with the Conservation Values. B. AFFIRMATIVE RIGHTS OF THE HOLDER To accomplish the Purpose of this Conservation Easement, this Conservation Easement conveys the following rights to the Holder: 1. Conservation Values The right to preserve and protect the Conservation Values in perpetuity. 2. Right of Entry The right of the Holder's officers, employees, and/or designated agents, including student volunteers, to enter the Protected Property in a reasonable manner and at reasonable times for the following purposes: (a) to inspect the Protected Property to determine whether the Grantor is complying with the covenants and Purpose of this Conservation Easement at discretion of Holder with appropriate written notice to Grantor; provided, however, that except in cases where the Holder reasonably determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Conservation Easement, the Holder shall give written notice to the Grantor no less than seven (7) days before entering the Protected Property, and the Holder shall not in any event unreasonably interfere with the Grantor's use and quiet enjoyment of the Protected Property. (b) to enforce the terms of this Conservation Easement in accordance with the Holder's remedies as set forth in Section E hereof; and (c) with written permission of Grantor, to make scientific and educational observations and studies and research projects and to monitor the condition of the k] 412263413 AGENDA ITEM # SA SEPTEMBER 24, 2012 rare plant and animal populations, plant communities, and natural habitats on the Protected Property; and ith written permission of Grantor, the Holder, may from time to time, not to exceed two (2) times per year, conduct conservation- related events and/or tours for the purpose of education to further the mission of the Holder. For such events the Holder must obtain the same event permit(s) as is (are) required of others when holding events on other City of Atlantic Beach properties. 3. Enforcement The right to prevent any activity on, or use of, the Protected Property that is inconsistent with the Purpose of this Conservation Easement, and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use by the Grantor or by another with or without the authorization of Grantor, pursuant to Section E hereof. The Holder will review the baseline survey, monitoring reports, and other information about the Protected Property and decide whether any landowner actions have violated the terms of this Conservation Easement and, if required, recommend enforcement actions to Holder's full board of directors. The Holder will review and be empowered to approve any ecological restoration plan, forestry management plan, or construction plan submitted by Grantor to Holder for approval. C. RESTRICTIONS AND RESERVED RIGHTS This Conservation Easement prohibits all of the following on the Protected Property: 1. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. 2. Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. 3. Removal or destruction of trees, shrubs, or other vegetation except for invasive vegetation as described in Section 9, below, or except for the removal or destruction of trees or vegetation that pose a threat to life, property, or utility lines, and provided that the primary purpose of this removal is ecological restoration, that is, to foster the return of the Protected Property to a more natural or pristine condition. 4. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. 5. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. 6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. 2 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 7. Acts or uses detrimental to such retention of land or water areas. 8. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 9. Planting or introduction of plant species on the Florida Exotic Pest Plant Council's List of Invasive Species or other plant species generally regarded as invasive exotic is prohibited. Grantor will use reasonable efforts to control invasive exotic species on the Protected Property. 10. Commercial activity on the Protected Property is prohibited except for activities having negligible impact on the conservation values of the property such as the use of the property for commercial nature tours. All but de minim commercial recreation activities are prohibited within the meaning of Section 2031(c)(8)(B) of the Code. 11. Any division, subdivision, or partition of the Protected Property is prohibited. 12. Any industrial, ranching, or commercial agricultural use of the Protected Property beyond Section X above, is prohibited. 13. Use of herbicides, pesticides, and other hazardous chemicals on the Protected Property is prohibited except to control invasive exotic species, for road maintenance, for ecological restoration, or other use with written permission of Holder. 14. Any other activity not described in Section B or Section D of this Conservation Easement. D. ADDITIONAL RESERVED RIGHTS OF GRANTOR The Grantor reserves to itself and its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in, and to permit or invite others to engage in, all uses of the Protected Property that are not expressly prohibited herein, provided such uses are not inconsistent with the Purpose of this Conservation Easement. The following additional rights are expressly reserved to the Grantor: 1. Right to Sell The right to sell, give, or otherwise convey or encumber the Protected Property, provided that any such conveyance or encumbrance shall be subject to the terms of this Conservation Easement. 2. Public Access Nothing contained herein should be construed as affording the general public physical access to any portion of the Protected Property; however, Grantor, its successors and assigns, may from time to time permit public access by invitation for passive recreational use that is not inconsistent with the Purpose as expressed in Section A above. 3. Maintenance. The Grantor may perform the following: 5 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 maintain or improve existing roads, but the paving of roads with impervious surfaces or treating roads with substances that may result in pollution of water resources is prohibited; repair, replace, or add structures associated with the construction of unpaved trails such as boardwalks, foot bridges, steps, and observation platforms; improve, repair, or replace stream crossing structures on existing or permitted roads such as bridges, culvert crossings, and hard bottom crossings, with the same type of structure; and construct, repair, or replace erosion control structures, except that any erosion control measure placed on the banks of the St. Johns River must be designed and constructed in a manner that does not detract from the scenic and substantially unbuilt character of the Protected Property. E. THE HOLDER'S REMEDIES 1. Notice of Violation; Corrective Action If the Holder determines that a violation of the terms of this Conservation Easement has occurred or is threatened, the Holder shall give written notice to the Grantor of such violation, and demand corrective action sufficient to cure such violation, and where the violation involves injury to the Protected Property resulting from any use or activity conducted by Grantor or by another with or without the authorization of Grantor, which is inconsistent with the Purpose of this Conservation Easement, to restore the Protected Property so injured to its condition before the violation occurred in accordance with a plan approved by Holder. 2. Remedies If the Grantor fails to cure any violation or threatened violation of this Conservation Easement, or cause such other corrective action to be taken as requested by the Holder within thirty (30) days after receipt of the written notice described in Paragraph 1 of this section (or, under circumstances where the requested corrective action cannot reasonably be completed within the thirty-day period, if the Grantor fails to make good faith efforts to initiate and pursue the requested corrective action within the thirty -day period), the Holder shall be entitled to bring an action or actions at law or equity in a court of competent jurisdiction in the county where the Protected Property is located, to do the following: (a) Enforce the terms of this Conservation Easement; and/or (b) Enjoin the violation by temporary or permanent injunction, as necessary and the Grantor waives any bond requirement otherwise applicable to any petition for such relief; and/or (c) Require the restoration of the Protected Property to its condition before the violation occurred; and/or T 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (d) Report to any regulatory authorities any environmental conditions, or any potential or actual violations of environmental laws; and /or (e) Recover any damages arising from the violation. If such court determines that the Grantor has failed to comply with this Conservation Easement, the Grantor shall reimburse the Holder for any reasonable costs of enforcement, including Holder's staff time, court costs, and reasonable attorneys' fees, in addition to any other payments ordered by such court. If Holder initiates litigation and the court determines that the Grantor has complied with all the terms of the Conservation Easement and that Holder initiated litigation in bad faith, then the Holder shall reimburse Grantor for any reasonable costs of defending such action, including court costs and reasonable attorneys' fees. 3. Forbearance The Holder does not waive or forfeit the right to take action as may be necessary to insure compliance with this Conservation Easement by any prior failure to act, and the Grantor hereby waives any defense of laches, estoppel or prescription with respect to any delay by the Holder in acting to enforce any restriction or exercise any rights under this Conservation Easement. 4. Acts Beyond the Grantor's Control Nothing herein shall be construed to entitle the Holder to institute any enforcement proceeding against the Grantor for any change to the Protected Property due to causes beyond the Grantor's control, including, without limitation, change caused by fire, flood, storm, or the unauthorized wrongful acts of third persons. 5. Scope of Relief Holder's rights under this Section E apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Holder's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Holder shall be entitled to the injunctive relief described in Section E, Paragraph 2, both prohibitive and mandatory, in addition to such other relief to which Holder may be entitled, including specific performance of the terms of the Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Holder's remedies described in this Section E shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. F. EXTINGUISHMENT 1. Termination If circumstances arise in the future that render the purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction after notice to the original Grantor. The amount of the proceeds to which Holder shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Protected Property subsequent to such termination or extinguishment, shall be the stipulated fair market value of the Conservation Easement, or proportionate part thereof, as determined in accordance with Section G, Paragraph 2. 7 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 20I2 2. Valuation This Conservation Easement constitutes a real property interest immediately vested in Holder, which for the purposes of Section G, Paragraph 1, the parties stipulate to have a fair market value determined by multiplying (a) the fair market value of the Protected Property unencumbered by the Conservation Easement (minus any increase in value after the date of this grant attributable to improvements not made by Holder) by (b) x/y, which is the ratio of the value of the Conservation Easement at the time of this grant to the value of the Protected Property without deduction for the value of the Conservation Easement at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Code. For the purposes of this paragraph, the ratio of the value of the Conservation Easement to the value of the Protected Property unencumbered by the Conservation Easement shall remain constant. [TO BE REVIEWED BY RIVERBRANCH ACCOUNTANT] G. CONDEMNATION 1. Condemnation If all or any part of the Protected Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Conservation Easement, in whole or in part, Grantor and Holder shall act jointly to recover the full value of the interests in the Protected Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Holder in connection with the taking or in lieu purchase shall be paid out of the amount recovered. Holder's share of the balance of the amount recovered shall be determined by multiplying that balance by the ratio set forth in Section G, Paragraph 2. 2. Application of Proceeds Holder shall use any proceeds received under the circumstances described in this Section H in a manner consistent with its conservation purposes, which are exemplified by this grant. H. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Easement would be appropriate, the Grantor and the Holder may by mutual written agreement jointly amend this Conservation Easement, provided that no such amendment shall be made that will adversely affect the qualification of this Conservation Easement for the tax benefits available or the status of Holder under any applicable laws, including Sections 170(h) and 501(c)(3) of the Code. Any such amendment shall be consistent with the Purpose of this Conservation Easement, shall not affect its perpetual duration, and shall not result in any diminution of protection of the Conservation Values. Any such amendment shall be recorded in the official public records of Duval County, Florida. Nothing herein shall require the Holder to agree to any amendment. I. ASSIGNMENT 8 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 1. Assignment Allowed The Grantor and the Holder recognize and agree that the benefits and obligations of this Conservation Easement are in gross and assignable only in accordance with the terms of this section. 2. Qualified Assignee The benefits and obligations of this Conservation Easement shall only be assigned to an organization that is, at the time of the assignment, both (a) a "qualified organization" as that term is defined in Section 170(h) of the code and (b) authorized to acquire and hold conservation easements under Section 704.06 of the Florida Statutes or any successor provision then applicable. 3. Terms of Assignment The Holder shall require, as a condition of any assignment of the benefits and obligations of this Conservation Easement, that the assignee organization shall agree to continue to carry out in perpetuity, under substantially the same terms as contained in this Conservation Easement, the Purpose of this Conservation Easement. 4. Notice to the Grantor The Holder agrees to give written notice to the Grantor of its intention to assign the benefits and obligations of this Conservation Easement at least sixty (60) days prior to the date of such assignment. The failure of the Holder to give such notice shall not affect the validity of such assignment, impair the validity of this Conservation Easement, or limit the enforceability of this Conservation Easement in any way. J. DISCRETIONARY CONSENT 1. Notice and Approval The Grantor shall notify the Holder before undertaking any activity in excess of those allowed by this Conservation Easement that may reasonably be expected to have a material adverse impact on the Conservation Values. Such notice shall be in writing and shall describe the proposed activity in sufficient detail to allow the Holder to judge the consistency of the proposed activity with the Purpose of this Conservation Easement. The Holder may permit such a proposed activity only if the Holder determines that such activity does not violate the Purpose of this Conservation Easement and either enhances or does not impair the Conservation Values. Notwithstanding the foregoing, the Holder and the Grantor have no right or power to agree to any activity on the Protected Property that is inconsistent with the Purpose of this Conservation Easement. 2. Review Period Whenever a consent or approval is required from either the Grantor or the Holder, the party seeking the consent or approval shall send a written request for such consent or approval to the other party as specified in Paragraph 8 of Section M hereof, and such other parry shall respond to the request within thirty (30) business days of its receipt. In the event that the consenting or approving party fails to respond within the thirty (30) business day period, its consent or approval shall be implied, provided, however, that no consent or approval shall be implied for any activity on the Protected Property that is inconsistent with the Purpose of this Conservation Easement. so 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 K. THE GRANTORS' REPRESENTATIONS AND WARRANTIES 1. Title The Grantor covenants, represents, and warrants the following: (a) That the Grantor is the sole owner and is lawfully seized of the Protected Property in fee simple and has good right to grant and convey this Conservation Easement; (b) That the Protected Property is free and clear of any and all encumbrances, including but not limited to a mortgage or mortgages covering all or any part of the Protected Property; (c) That the Holder shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement; and (d) That there is no pending or threatened litigation in any way affecting, involving, or relating to the Protected Property. 2. No Control of Protected Property by Holder Nothing in this Conservation Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability to Holder to exercise physical or managerial control over the day -to -day operations of the Protected Property, or any of Grantor's activities on the Protected Property, or otherwise to become an operator with respect to the Protected Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ( "CERCLA "), and any corresponding state statute. 3. Federal, State and Local Laws Grantor covenants, represents and warrants that the Protected Property shall at all times comply with the requirements of all Federal, State, and local laws, regulations, and requirements applicable to the Protected Property, and all regulations promulgated by any authorized body pursuant thereto. 4. Environmental Representations The Grantor covenants, represents, and warrants that, after investigation and to the best of their knowledge: (a) No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Protected Property; (b) There are not now any underground storage tanks located on the Protected Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Protected Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; and 10 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (c) If, at any time, there occurs, or has occurred, a release in, on, or about the Protected Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor shall take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by Holder, in which case Holder shall be responsible. L. GENERAL PROVISIONS 1. Costs The Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Conservation Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. The Grantor shall keep the Protected Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by the Grantor. 2. No possessory Rights Grantor acknowledges that Holder has neither possessory rights in the Protected Property, nor any responsibility to control, maintain, or keep up the Protected Property. Grantor shall retain all responsibilities and shall bear all costs and liabilities of any nature related to the ownership, operation, upkeep, improvement, and maintenance of the Protected Property. 3. Taxes If Grantor has an obligation to pay taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Protected Property by competent authority (collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Holder with satisfactory evidence of payment upon request. 4. Subsequent Transfers The Grantor agrees to incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which they divest themselves of either the fee simple title or possessory interest in all or a portion of the Protected Property. The Grantor also agrees to notify the Holder in writing of any such transfer. The failure of the Grantor to perform any act required by this paragraph shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 5. Successors The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Protected Property. The terms "Grantor" and "Holder," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above -named 11 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 Grantor and her personal representatives, heirs, successors, and assigns, and the above -named Holder and its successors and assigns. 6. Merger The Grantor and the Holder agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in Protected Property. 7. Notices Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other under the terms of this Conservation Easement shall be in writing and either served personally or sent by registered or certified mail, postage prepaid, to the following addresses, or such other address as either party may hereafter specify by written notice to the other: GRANTOR: Challen Capital, Inc. 1819 Challen Avenue Jacksonville, Florida 32205 HOLDER: The Public Trust Environmental Legal Institute of Florida, Inc. 2029 North Third Street Jacksonville Beach, FL 32250 8. Annual Inspections The Holder has the right to schedule annual inspections of the Protected Property to determine compliance with the terms of this Conservation Easement. In doing so, as long as Holder believes that the Grantor has not violated the terms of this Conservation Easement, the Grantor will be provided with no less than seven (7) days' written notice of any such inspection, and the Grantor will have the right to accompany the Holder on such inspection trips. 9. Re- recording The Holder is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement in the official public records of Duval County, Florida, and the Grantor agrees to execute, acknowledge, and deliver such further instruments as may be reasonably required to assure the perpetual enforceability of this Conservation Easement. 10. Severability If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 11. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to affect the purpose of this Conservation Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 12 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 12. Captions The captions herein have been inserted solely for convenience of reference, are not a part of this Conservation Easement, and shall have no effect upon its construction or interpretation. 13. Counterparts This agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute a single instrument. 14. Transfer of Grantor's Interest Grantor shall have the right to convey the Protected Property subject to the terms and conditions of this Conservation Easement. Grantor and each successor to Grantor shall be fully released from the performance of Grantor's obligations arising subsequent to such Grantor's conveyance of all its right, title and interest in the Protected Property. Neither the original Grantor nor any successor shall be liable for any obligation hereunder arising after transfer of all its interest in the Protected Property. 15. State Action This Conservation Easement does not obligate the City of Atlantic Beach to defend any action by the State of Florida to ownership of all or a portion of Protected Property. TO HAVE AND TO HOLD this Conservation Easement, together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy, for the proper use and benefit of the Holder forever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on the day and year aforesaid. Signed, sealed and delivered Challen Capital, Inc. in the presence of: a Florida corporation Print: Print: STATE OF FLORIDA COUNTY OF DUVAL By:_ Print: Its: The foregoing instrument was acknowledged before me this of 20_, by , as of Challen Capital, Inc., a Florida corporation, on behalf of the corporation, who O is personally known to me; 13 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 () has produced a Driver's License as identification; or {) has produced a as identification. Notary Signature Print Name: Notary Public, State and County Aforesaid My commission expires: Commission Number: (Notarial Seal) 14 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 EXHIBIT A A -1 Doc # 2005213529, OR BK 12541 Page 500, 1 of 8 Filed & Recorded 06/09/2005 at 03:46 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $69.50 DEED DOC ST $0.70 Prepared by: Return to: Office of General Counsel St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178 -1429 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this C I T U day of JµA-C , 2005 by BESTCON. Inc. having an address at 4400 Marsh Landing Marsh Landing Blvd,Suite 6. Ponte Vedra Beach. FL6. Ponte Vedra Beach. FL 32082 ("Grantor'), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida 32178 -1429 ( "Grantee "). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit #4031- 88700 -1 88700 -1 issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. Form 133 d 00 o N N H W Q W � a Cn OR BK 12541 PAGE 501 AGENDA ITEM # 8A SEPTEMBER 24, 2012 1. Purpose. The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 2. Prohibited Uses Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 3. Reserved, Risahts Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 4. Rights of Grantee To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: Form 133 OR BK 12541 PAGE 502 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement. 5. Grantee's Discretion Grantee may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6. Grantee's Liability Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Upon conveyance of the Property subject to this conservation easement to an owners association and assumption by the owners association of the Grantor's obligations hereunder, Grantor shall be relieved of all liability hereunder. However, this limitation shall have no effect of bearing on the holder of permit number 40 -031- 88700-1 and the conditions, obligations and liabilities attached thereto unless such permit has been validly transferred pursuant to applicable regulations. 7. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and Form 133 OR BK 12541 PAGE 503 AGENDA ITEM # 8A SEPTEMBER 24, 2012 earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 8. Recordation Grantor shall record this Conservation Easement in timely fashion in the Official Records of Duval County Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. 9. Successors The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. Form 133 OR BK 12541 PAGE 504 EXHIBIT A legal description Form 133 AGENDA ITEM # 8A SEPTEMBER 24, 2012 OR BK 12541 PAGE 505 FROM :CLARSON & ASSOCIATES PAX POOH IE 386.2622 FAX NO. :904 396 2633 AGENDA ITEM # 8A SEPTEMBER 24, 2012 Jun. 06 2005 10:04AM P2 CLARSON AND ASSOCIATES INC. PROFESSIONAL SURVEYORS 6 MAPPERS 1 643 NALDO AVENUE JACKSONVILLE, FLORIDA 32207 DECEMBER A 2004 CONSERVATION EASEMENT FOR PARADISE PRESERVE Fwmaiklk • • ; " L_ —foNq A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSH[p 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE MOST NORTHEASTERLY CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 4648, PAGE 252 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE (FORMERLY CHURCH ROAD AND FORMERLY LEVY ROAD EXTENSION) COUNTY ROAD NO.222 AS NOW ESTABLISHED AS A 66 FOOT RIGHT OF WAY); THENCE NORTH 00 ° 23'10" WEST, A DISTANCE OF 43.00 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 89 ° 49'10" WEST, ALONG SAID NORTH FILLY LINE OF GOVERNMENT LOT 1, A DISTANCE OF 868.48 FEET; THENCE SOUTH 05" 30'57" EAST, A DISTANCE OF 91.17 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING THUS DESCRIBED CONTINUE SOUTH 05 30' 57" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 69" 03'00" WEST, A DISTANCE OF 81.81 FEET; THENCE SOUTH 20 57'00" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 69 ° 03'00" EAST, A DISTANCE OF 58.19 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE; THENCE SOUTH 46° 05' 50" WEST, A DISTANCE OF 592.11 FEET; THENCE NORTH 39° 01'07" WEST, A DISTANCE OF 75.27 MET; THENCE NORTH 16° 08' 53" WEST, A DISTANCE OF 185.74 FEET; THENCE NORTH 39 ° 18'02" WEST, A DISTANCE OF 39.46 FEET; THENCE NORTH 24 ° 06'02" WEST, A D ISTANCE OF 124.70 FEET; THENCE SOUTH 66° 15'32" EAST, A DISTANCE OF 126.42 FEET; THENCE SOUTH 75' 44'27" EAST, A DISTANCE OF 56.36 FEET; THENCE SOUTH 84 59'20" EAST, A DISTANCE OF 52.97 FEET; THENCE NORTH 79 30'45" EAST, A DISTANCE OF 50.84 FEET , THENCE NORTH 69 48'33" EAST, A DISTANCE OF 260.59 FEET; THENCE SOUTH 83° 52' 17" EAST, A DISTANCE OF 29.68 FEET; THENCE NORTH 61" 44' 51" EAST, A DISTANCE OF 25.55 FEET; THENCE NORTH 40° 0644" EAST, A DISTANCE OF 47.40 FEET; THENCE NORTH 12 24' 44" EAST, A DISTANCE OF 24.42 FEET; THENCE NORTH 59° 45'37" EAST, A DISTANCE OF 10.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2.23 ACRES, MORE OR LESS. (DRAWING NO. A -3550) Received Time Jun. 6. 10:28AM OR BK 12541 PAGE 506 AGENDA ITEM # 8A SEPTEMBER 24, 2012 CONSENT AND JOINDER OF MORTGAGEE The undersigned c r rLu S f (mortgagee), the mortgagee under that certain (title of m rtgage document) dated recorded at Official Records Book ��,Opage �;w'# u �' County, Florida, (if na assignments, specify) hereby consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. I ITNESS WHE EOF, this Consent and Joinder is executed by the undersigned this day of _ , 200 STATE OF FLORI A COUNTY OF 0 I The f g ing instrument was acknowledged before me this who did not take an oath. VW'Uey4P -� M ary Public, State of Florida Michelle Diaz at Large. Commiesion#DD333881 My Comm / Ex n D( �. " Expir Ju n 29, 2008 'tj� %` . AtLntio Bonding Co., Mo Serial No. 6 0933 2007, by Personally known OR produced identification . Identification produced Form 133 OR BK 12541 PAGE 507 AGENDA ITEM # 8A SEPTEMBER 24, 2012 IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first above written. Signed, sealed and deli red in our presence as t s Signature: Printed Name: Jobe Signatur Printed Name: GRANTOR: Signature: Printed Name: Paw, STATE OF FLORIDA COUNTY OF DUVAL The foregoing inst ment was acknowledged before me this day of UV e 200f by ptJ l U-7 . I , = ho did not take an oath. Notary Public, State of Florida at Large. My Commission Expires: ' / Serial No. Y Personal) known `Z OR produced identification . Identification produced 0 JXH `V h ��• • O = June 191 2008 .g # D 13 314663 o " • y • a �9 • •' negoo b OQ O • tt Form 133 Doc # 2005343605, OR BK 12759 Page 1266, Number Pages: 9, Filed & Recorded 09/19/2005 at 09 :54 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $78.00 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this 6 �� day of 2005 by BESTCON. Inc. having an address at 4400 Marsh Landing Blvd Suite 6 Po a Vedra Beach, FL 32082 ( "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida 32178 -1429 ( "Grantee "). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit #40- 031 - 88700 -1 issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. 0 Form 133 dN 000 � N W N H W d zW wH c� w d Prepared by: Return to: Office of General Counsel St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178 -1429 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this 6 �� day of 2005 by BESTCON. Inc. having an address at 4400 Marsh Landing Blvd Suite 6 Po a Vedra Beach, FL 32082 ( "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida 32178 -1429 ( "Grantee "). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit #40- 031 - 88700 -1 issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. 0 Form 133 OR BK 12759 PAGE 1267 AGENDA ITEM # 8A SEPTEMBER 24, 2012 1. Purpose The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 2. Prohibited Uses Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in Its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 3. Reserved Rights Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 4. Rights of Grantee To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: Form 133 OR BK 12759 PAGE 1268 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement. 5. Grantee's Discretion Grantee may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6. Grantee's Liability Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Upon conveyance of the Property subject to this conservation easement to an owners association and assumption by the owners association of the Grantor's obligations hereunder, Grantor shall be relieved of all liability hereunder. However, this limitation shall have no effect of bearing on the holder of permit number 40 -031- 88700-1 and the conditions, obligations and liabilities attached thereto unless such permit has been validly transferred pursuant to applicable regulations. 7. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and Form 133 OR BK 12759 PAGE 1269 AGENDA ITEM # SA SEPTEMBER 24, 2012 earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 8. Recordation Grantor shall record this Conservation Easement in timely fashion in the Official Records of Duval Countv Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. 9. Successors The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. Form 133 OR BK 12759 PAGE 1270 AGENDA ITEM # 8A SEPTEMBER 24, 20]2 IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first above written. GRANTOR: Signatur Z L'- Printed Name: ?A' � ''J._ d t t l+y l — s Printed Name: RENEE GAIL RUSS MY COMMISSION#DD44M STATE OF FLORIDA exr INBS. July 70 200V COUNTY OF DUVAL oom The foregoing instrument was acknowledged before me this, day of 20QS by who did not take an oath l� Notary Public, Sta a of Florida at Large. ` My Commissp� Expit. - Coq II VV _ 1 or�� Serial No. - 8 D 0 PEr�orially known _�OR produced identification . Identification produced Form 133 Signed, sealed and delivered in our presence as witnesses: OR BK 12759 PAGE 1271 AGENDA ITEM # 8A SEPTEMBER 24, 2012 CONSENT AND JOINDER OF MORTGAGEE The undersigned, 041 A D1� UY. (m rt a ee) the mortgagee under that certain (title of mortgage document) dated I N 11 and recorded at Official Records Book_, page _, of County, Florid d, (if bny assignments, specify) hereby consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. tN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this ?/ day of 6#- 1�� + ^esses' I�h �xwd Name: STATE OF FLORA r � L COUNTY OF _ I gagee BY: Name: Title: VICc - fe'ri.A T g f regoingnstrument was acknowledged before me this y day of J , 200 by WlUI A _ Uf , who did not take an oath. r Jocelyn Gabriel at %ry e ublic, tate o Florid :Commission #DD192038 '•';'� Expires: Mar 10, 2007 My com w�l E , x � pires: % ? Bonded Rini IMp YV�/1 1 U N/ U Z -veantic Bonding Co.. Inc Serial No. Personally known Y OR produced identification Identification produced Form 133 OR BK 12759 PAGE 1272 EXHIBIT A legal description AGENDA ITEM # 8A SEPTEMBER 24, 2012 Form 133 OR BK 12759 PAGE 1273 AGENDA ITEM # 8A SEPTEMBER 24, 2012 �x3 roscas Am lip FAX NO. :904 396 2GNy0Z:0l 'yZ- 2ny,emil panieaed;" P2 CLA RSON AND ASSOCIATES INC. pROFMO10WA GURVIKYoRS & MAPPERS 1643 NALAO AVENUE ,LACK643lM LE , ]FLORIDA 32207 RKVISED APRIL 25, 2005 DECEMBER A 2004 CONSERVATION EASEMENT FOR PARADISE PRESERVE A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE MOST NORTHEASTERLY CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 4648, PAGE 252 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF DUTTON ISLAM? DRIVE (FORMERLY CHURCH ROAD AND FOGY LEVY ROAD EXTENSION) COUNTY ROAD NO. 222 AS NOW ESTABLISHED AS A 66 FOOT RIGHT OF WAY); THENCE NORTH 00 23' 10' WEST, A DISTANCE OF 43.00 FES'T TO AN INTERSECTION WrM THE NORTHERLY LINE OF SAM QOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOLMI, RANGE 29 EAST; THENCE NORT14 89* 49' 10" WEST, ALONG SAID NORTHERLY LINEOFGOVERNMENTLOT 1, A DISTANCE OF868.48 FEET; Tff..ENCE SOUTH 05 ° 30'57" EAST, A DISTANCE OF 91.17 FEET TO THE POINT OF BEGINNING. FROM THE PO1Nl OP BEOMMING THUS DESCRIBED CONTINUE SOUTH 05 30' 57" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 69" 03' 00" WEST, A DISTANCE OF 8 1 .81 FEET; THENCE SOUTH 20 ° 57'00" EAST, A DISTANCE OF 10.00 FEET, THENCE NORTH 69-03 00" EAST, A DISTANCE OF 58.19 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE. TIIENCE SOUTH 46 05'50" WEST. A DISTANCE OF 592.11 FEET; THENCE-NORTH 39° 01'07" WEST, A, DISTANCE OF 75.27 FEET; THENCE NORTH 16* 08' 53" WFST, A DISTANCE OF 185.74 FEET; THENCE NORTH 39 WEST, A DISTANCE OF 39.46 FEET ;THENCE NORTH 24'06'02" WEST. A DISTANCE OP 124.70 FEET; THENCE SOUTH 66° 15'32" EAST, A DISTANCE OF 126.42 FEAT; THENCE SOUTH 75° 44' 27" EAST, A DISTANCE OF 56.36 FEET; THENCE SOUTH 84' 59' 20" EAST, A DISTANCE OF 52.97 PPET; THENCE NORTH 79 45" EAST. A DISTANCE OF 50.84 FEET; THENCE NORTH 69° 48'33" EAST, A DISTANCE OF 260 "59 FEET; TIMNCE SOUTH 83 52'17" BAST, A DISTANCE OF 29.68 FWr; THENCE NORTH 61 44'5 1 "" EAST, A DISTANCE OF 25.55 FEET; THENCE NORTH 40' 06'44" EAST, A DISTANCE OP 47.40 FEET; TIIENCE NORTH 12`24' 44" EAST, A DISTANCE OF 24.42 FEET; THENCE NORTH 59° 45'37" FAST, A DISTANCE OF 10.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2.23 ACRES, MORE OR LESS. (DRAWING NO. A -3550) Ed WdLZ:60 S00z VZ ' 6Z6tiS8Z1706: 'ON Xdd �uI `548: WONJ OR SK 12759 PAGE 1274 AGENDA ITEM # 8A SEPTEMBER 24, 2012 os N �y0 a �oz A� z om to z N rn ~O d 4 \ s. S 40 c xo gg 4 �mz � 0 r y �\ o� C IV rm�T � p - T9j q, z p q A p g a tl i9 $ °• ^ ° jy a y A . K la a . PVC ! n kgq ' g � _ yy li c 6 P: •Q.. I log i Fa (: t A I w+s ti� <<� "m> MR } €�F i 4 La IL ° °- i <- pow.. ��€ € &g°_a.<�m< °� °oo<s.o��a��5 °�Ha 5, 00 erg e 1H LL < g S a�o'o o l 0 . Y3(1'S7'W O E O X UW3 80 Vi 78 �T 1 \aa°ap E 8 2a .5i i s \ p \ Kw - 1 n m \ \ F (O 1 ioY •('\ 1 0 UU I i�\ s9r w- U Q lit m 6. w W' 1 U O d i a . I m I i Z 1 < 98E 3�bd 85 � .04 /H �� I OBP byd N 6���9 sp n6 i B( /.y/u X b� E1 /yb! 3 3 � 1 2lby� rin'n I �� mid �•. iti e � 4 Q-! 00 0 � N N W W � W I "i�- T .